Taking flora

In force

(1)

A person must not take flora on Crown land unless the person —

(a)

is engaged in clearing that does not involve the commission of an offence under the Environmental Protection Act 1986 section 51C; or

(b)

otherwise has lawful authority to take it.

Penalty for this subsection:

(a)

if the offence involves specially protected flora — a fine of $200 000;

(b)

in any other case — a fine of $50 000.

(2)

A person must not take flora on private land unless the person is an owner or occupier of the land or is authorised in the prescribed way to take it by an owner or occupier of the land.

Penalty for this subsection:

(a)

if the offence involves specially protected flora — a fine of $200 000;

(b)

in any other case — a fine of $50 000.

(3)

Subsections (1) and (2) do not apply if the flora is —

(a)

threatened flora; or

(b)

cultivated flora; or

(c)

sandalwood.

This Act’s bill:Explanatory memorandum Second reading speech

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171 Taking flora